DAMODAR PRASAD Vs. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR
LAWS(RAJ)-2010-8-121
HIGH COURT OF RAJASTHAN
Decided on August 04,2010

DAMODAR PRASAD Appellant
VERSUS
The State Of Rajasthan Through Public Prosecutor Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) HEARD learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
(2.) CONTENTION of learned Counsel for petitioner is that this is the first offence of the petitioner, which is under Section 379 IPC, and the maximum sentence prescribed therefore is three years imprisonment and the offence is triable by a court of Magistrate; there is no previous case ever registered against the petitioner; investigation is almost complete; the petitioner would undertake not to indulgence in such or any other offence in future. Learned Public Prosecutor opposed the bail application.
(3.) AFTER considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused -petitioner, namely, Damodar Prasad Son of Hanuman on bail under Section 439 Cr.P.C., in FIR No. 482/2010, Police Station Kotputli, District Jaipur, under Section 379 IPC, provided he furnishes a personal bond in the sum of Rs. 30,000/ - with two sureties of Rs. 15000/ - each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.;


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